Dáil Éireann Debate, Thursday - 29 March 2018
436. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when the refusal on appeal for carer's allowance in respect of a person (details supplied) will be examined; and if she will make a statement on the matter. [14804/18]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. Notification of the Appeals Officer’s decision issued to the person concerned on 20th March 2018.
The Social Welfare Appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed under Section 317 of the Social Welfare Consolidation Act, 2005 by the Appeals Officer in the light of new evidence or new facts.
If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to this office for consideration.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
I trust this clarifies the matter for the Deputy.
